Open space group still trying to serve summons to Monterey County Business Council president

Mary Ann Leffel says she is easy to find. Those trying to serve her with lawsuit papers do not.

The ubiquitous Monterey County Business Council president has to receive a summons related to an election lawsuit, but open space advocates say they have struggled for a week to reach her.

She has missed meetings in the past two days for her posts on the county airport district board and a workforce investment oversight committee.

The lawsuit was dismissed without prejudice Tuesday because she had not been served with a summons, but she still must receive the summons because the lawsuit can be refiled.

The lawsuit is from supporters of Measure M, an initiative that would preserve open space on Fort Ord. They argue ballot arguments against the measure, signed by Leffel and to be mailed to voters in election guides, are false.

"You would think she would have the courage to defend her position in open court," Measure M attorney Mark R. Wolfe said Thursday.

Leffel said she has been home at night and had to miss the board meetings because of court-ordered community service for a driving under the influence conviction and a meeting with strategists for a rival initiative, Measure K.

She said she "absolutely" believed ballot arguments would survive legal scrutiny.

Leffel said her husband told a process server on Sept. 5 she was at a Seaside City Council meeting, but the server never tried to go there.

Wolfe said a process server has been going to Leffel's house each day and other Measure M supporters have been trying to find her.

He said he thought the other side's ballot arguments, namely that Measure M would stop a proposed veterans cemetery and a Monterey Peninsula College project, would not hold up in court.

Denial of the lawsuit allowed the county to send voter election guides to printers late Tuesday.

Jason Campbell, spokesman for the group that wrote Measure M, said taxpayers were hurt by the lawsuit not being heard.

"Unfortunately, the public may end up paying to disseminate false information," he said.

Sid Williams, a Measure K backer and secretary of the county veterans council, said they stand by their arguments that ambiguous language in Measure M would affect MPC's plans and the financial health of the cemetery.

Measure K would allow for major development on the land, such as the proposed Monterey Downs horse racing and housing project. Measure M would preserve roughly 540 acres on the former Army base for open space and limited development, mostly recreation-related.